BILL ANALYSIS Ó AB 65 Page 1 Date of Hearing: March 24, 2015 Counsel: Stella Choe ASSEMBLY COMMITTEE ON PUBLIC SAFETY Bill Quirk, Chair AB 65 (Alejo) - As Amended March 19, 2015 SUMMARY: Redirects funds from the Driver Training Penalty Assessment Fund and allocates that money to the Board of State and Community Corrections (BSCC) to be used to fund local law enforcement agencies to operate a body worn camera program, as specified. Specifically, this bill: 1)Establishes the Body-worn Camera Fund for the purpose of making funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment, and to hire personnel necessary to operate a local body-worn camera program. 2)Provides if federal funds become available, the BSCC shall adjust the grant program to maximize state and local federal funds, and BSCC shall either apply for federal funds on behalf of a local law enforcement agency, or reimburse a local law enforcement agency that has expended funds for federal funds purposes. EXISTING LAW: 1)Provides that there shall be levied a state penalty, in an AB 65 Page 2 amount equal to $10 for every ten $10 or fraction thereof, upon every fine, penalty, or forfeiture imposed and collected by the courts for criminal offenses, including all offenses, except parking offenses as defined in the Vehicle Code. Any bail schedule adopted pursuant to Penal Code Section 1269b may include the necessary amount to pay the state penalties established by existing law for all matters where a personal appearance is not mandatory and the bail is posted primarily to guarantee payment of the fine. (Pen. Code, § 1464, subd. (a).) 2)States the moneys so deposited in the State Penalty Fund shall be distributed as follows: a) Once a month there shall be transferred into the Fish and Game Preservation Fund an amount equal to 0.33 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month, except that the total amount shall not be less than the state penalty levied on fines or forfeitures for violation of state laws relating to the protection or propagation of fish and game. These moneys shall be used for the education or training of department employees which fulfills a need consistent with the objectives of the Department of Fish and Game. b) Once a month there shall be transferred into the Restitution Fund an amount equal to 32.02 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. Those funds shall be made available in accordance with provisions of the Government Code. c) Once a month there shall be transferred into the Peace Officers' Training Fund an amount equal to 23.99 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. d) Once a month there shall be transferred into the Driver Training Penalty Assessment Fund an amount equal to 25.70 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. AB 65 Page 3 e) Once a month there shall be transferred into the Corrections Training Fund an amount equal to 7.88 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. Money in the Corrections Training Fund is not continuously appropriated and shall be appropriated in the Budget Act. f) Once a month there shall be transferred into the Local Public Prosecutors and Public Defenders Training Fund an amount equal to 0.78 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. The amount so transferred shall not exceed the sum of 850,000 in any fiscal year. The remainder in excess of $850,000 shall be transferred to the Restitution Fund. g) Once a month there shall be transferred into the Victim-Witness Assistance Fund an amount equal to 8.64 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. h) Once a month there shall be transferred into the Traumatic Brain Injury Fund an amount equal to 0.66 percent of the state penalty funds deposited into the State Penalty Fund during the preceding month, as specified. (Pen. Code, § 1464, subd. (f)(1) to (8).) FISCAL EFFECT: Unknown COMMENTS: 1)Author's Statement: According to the author, "AB 65 will help local law enforcement agencies establish and maintain a body worn camera program to better serve our constituents. These devices will bring transparency and accountability to law enforcement agencies across the state, while at the same time protecting officers from false accusations. Body cameras will help us begin to address problems of misconduct and help the public understand things from a public safety perspective." 2)Background: A recent report released by U.S. Department of Justice's Office of Community Oriented Policing Services and the Police Executive Research Forum studied the use of AB 65 Page 4 body-worn cameras by police agencies. This research included a survey of 250 police agencies, interviews with more than 40 police executives, a review of 20 existing body-camera policies, and a national conference at which more than 200 police chiefs, sheriffs, federal justice representatives, and other experts shared their knowledge of and experiences with body-worn cameras. The report shows that body-worn cameras can help agencies demonstrate transparency and address the community's questions about controversial events. Among other reported benefits are that the presence of a body-worn camera have helped strengthen officer professionalism and helped to de-escalate contentious situations, and when questions do arise following an event or encounter, police having a video record helps lead to a quicker resolution. (Miller and Toliver, Implementing a Body-Worn Camera Program: Recommendations and Lessons Learned, Police Executive Research Forum (Nov. 2014).) In December 2014, President Obama proposed a new Body Worn Camera Partnership Program, which will provide a 50 percent match to states and local jurisdictions that purchase body worn cameras and requisite storage. (See < https://www.whitehouse.gov/the-press-office/2014/12/01/fact-sh eet-strengthening-community-policing > [as of Mar. 19, 2015].) Because federal funds are not yet available, this bill provides that should federal funds become available, BSCC shall adjust the grant program to maximize state and local federal funds. 3)Argument in Support: According to the California College and University Police Chiefs Association, "This bill will have important implications with respect to the ability of local agencies to acquire body worn cameras, a strategy that the California College and University Police Chiefs embrace." 4)Argument in Opposition: None submitted. 5)Related Legislation: a) AB 66 (Weber), would state the intent of the Legislature to enact legislation to require local police departments that utilize police body-worn cameras to follow policies AB 65 Page 5 and procedures that will streamline best practices to better enhance the quality of the services that those departments provide to Californians. AB 66 is pending referral by the Rules Committee. b) AB 69 (Rodriguez), would require law enforcement agencies to follow specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras. AB 69 is pending hearing by this Committee. c) SB 175 (Huff), would require each department or agency that employs peace officers and that elects to require those peace officers to wear body-worn cameras to develop a policy relating to the use of body-worn cameras. The bill would require the policy to be developed in collaboration with nonsupervisory officers and to include certain provisions, including, among others, the duration, time, and place when body-worn cameras shall be worn and operational. SB 175 is pending hearing by the Senate Committee on Public Safety. d) SB 195 (Anderson), would state the intent of the Legislature to enact legislation that protects the privacy of individuals recorded by body-worn cameras utilized by law enforcement officers and the privacy of law enforcement officers wearing body-worn cameras. SB 195 is pending referral by the Rules Committee. 6)Prior Legislation: a) AB 790 (Karnette), of the 2007-2008, would have redirected 4% of funds from the Driver Training Penalty Assessment Fund and allocated that money to the Department of Justice to be used to support the California Witness Protection Program. AB 790 was held on the Committee on Appropriations' Suspense File. b) SB 1761 (Poochigian), of the 2005-2006 Legislative Session, would have changed the percentage of money that is deposited into each of the funds in the State Penalty Fund, and would have created the Child Advocacy Center Fund, into AB 65 Page 6 which 4.97% of state penalty funds in the State Penalty Fund would be deposited monthly. SB 1761 was held on the Senate Committee on Appropriations' Suspense File. c) AB 204 (Lowenthal), of the 2001-2002 Legislative Session, would have required all funds transferred to the Driver Penalty Assessment Fund, which would otherwise be transferred to the General Fund, be appropriated on an annual basis to the State Department of Education for the purposes of providing driver training instruction in the public schools. AB 204 was held on the Committee on Appropriations' Suspense File. REGISTERED SUPPORT / OPPOSITION: Support American Federation of State, County and Municipal Employees California College and University Police Chiefs Association California Communities United Institute California District Attorneys Association California Police Chiefs Association Two private individuals Opposition None Analysis Prepared by: Stella Choe / PUB. S. / (916) 319-3744 AB 65 Page 7